Category: Politics

No legal grounds to question Speaker’s JSC membership: Majlis secretariat

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There are no legal grounds to question whether Speaker of Parliament Abdulla Shahid should remain in the Judicial Service Commission (JSC) whilst seeking re-election, the People’s Majlis secretariat said in a press release today.

The statement follows Majlis’ removal last week of its representative to the judicial oversight body, MP Ahmed Hamza, who is also seeking re-election.

In a letter informing the commission of Hamza’s removal last week, Speaker Shahid said the decision was made in reference to Article 10 of the JSC Act, which stipulates that a commission member will lose his seat if he stands in an election.

Both Shahid and Hamza are contesting in the upcoming parliamentary polls on opposition Maldivian Democratic Party (MDP) tickets.

The Majlis statement explained that Article 161(b) of the constitution “clearly shows” that a member appointed to the 10-member commission by virtue of his office (ex officio) would remain a member as long as he holds the post.

The article states that the speaker, the attorney general, and the chair of the civil service commission would remain “a member of the Judicial Service Commission only as long as that office is held.”

“Therefore, as the person in the post of speaker of the People’s Majlis is a member of the commission by virtue of office, there is no room to raise legal questions over whether he will remain a member of the Judicial Service Commission as long as he is in the [speaker’s post],” the press release stated in conclusion.

The statement was issued following media reports casting doubt on Shahid’s membership on the judicial watchdog.

Hamza meanwhile told Minivan News last week that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Prior to the speaker’s decision to remove him from the commission, JSC President and Supreme Court Justice Adam Mohamed Abdulla sent letters to both Hamza and President Abdulla Yameen claiming that the MPs’ position was vacant following his submission of candidacy papers to the Elections Commission.

Hamza responded by contending that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and to block an investigation into Supreme Court Justice Ali Hameed’s sex tape scandal.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Justice Adam Mohamed of stalling the JSC’s investigation into the sex tapes.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed.”

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Four minors acquitted of terrorism charges

Four minors from the island of Thinadhoo in Gaaf Dhaalu atoll charged with terrorism over arson attacks on February 8, 2012 were acquitted by the Juvenile Court today.

The minors were accused of setting fire to the Thinadhoo police station during protests that erupted across the country in the wake of a brutal police crackdown on a Maldivian Democratic Party (MDP) march in the capital Malé.

MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinous elements of the security forces in collusion with the then-opposition.

A Juvenile Court official told local media today that the minors were found not guilty as the prosecution was unable to prove their culpability based on the testimony of witnesses at the trial.

Witnesses had testified that they saw the minors throwing rocks at the police station and helping to set fire to a police motorcycle. The verdict however noted that none of the witnesses saw any of the rocks hit either a police officer or the station.

Witnesses for the defence insisted that the minors did not participate in the arson attacks although they were present in the area at the time.

The Juvenile Court judge stated in the verdict that the prosecution’s witness testimonies established that the minors were guilty of obstructing the police. However, the judge noted, the court could not alter the charges pressed against the accused for sentencing.

Today’s verdict was delivered more than a year after the terrorism trial began with two recent hearings postponed or canceled.

On February 8, protesters in Thinadhoo – an MDP stronghold in the south – set fire to the island’s police station, magistrate court, atoll council office and all police vehicles.

Nine policemen were assaulted and subsequently treated at the Thinadhoo regional hospital. Police declared at the time that the island was unsafe for police personnel, claiming “MDP supporters have threatened to attack residences of policemen”.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s (PG) office, requesting that 108 individuals be charged with terrorism.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

While more than 100 persons were charged with terrorism, most cases currently remain stalled at the Criminal Court.

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Jailed MP Jabir denied fair trial, says legal team

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The trial and sentencing of Maldivian Democratic Party (MDP) MP Abdulla Jabir “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives,” the MP’s legal representatives have stated.

The Kaashidhoo constituency MP was last week sentenced to twelve months imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012. He is currently in Maafushi jail.

“The number of procedural violations in the whole criminal justice process in regard to this case is highly concerning and we believe that Hon. Abdullah Jabir was denied the fundamental rights that constitutes a free and fair hearing guaranteed to him by Article 42 of the Constitution,” read a press release from Aequitas Legal Consultants.

Additionally, Hassan Latheef – a member of Jabir’s legal team – has told Minivan News today that the court has failed to provide mandatory documents summarising the case, necessary for a High Court appeal.

“At this moment, we’re concerned that he can’t appeal. We were unable to submit the report to the High Court, but today we have sent a letter saying that the court is still refusing,” said Latheef.

He noted that a previous High Court judgement stipulated that the appeals registration process could still proceed as soon as the case was filed – Latheef revealed that the case had been submitted yesterday.

When contacted for a response, Criminal Court officials were unwilling to provide further information on Jabir’s case.

Latheef’s legal firm suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the Prosecutor General as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“Based on the serious factual and procedural violations in the trial and sentencing of MP Hon. Abdullah Jabir, who is not only an individual but a representative of five thousand Maldivians at the Parliament, it is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

A total of 10 people were taken into police custody on November 16, 2012, after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Jabir was set to re-contest his Kaashidhoo constituency seat in next month’s Majlis elections. Fellow MDP MP and MDP International Spokesman Hamid Abdul Ghafoor – also detained and charged with failure to produce a urine test during the same incident -told Minivan News today that Jabir was currently being held in custody.

Asked whether Jabir’s sentence would affect his ability to stand, Hamid said that he believed the law made it clear that an MP could not be disqualified from the Majlis unless they were serving more than twelve months.

“The law is silent on whether he can campaign or not,” added Hamid.

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Supreme Court’s contempt trial against Election Commission “unjust”, says Nasheed

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The Maldivian Democratic Party (MDP) is “extremely concerned” over the Supreme Court’s contempt of court charges against the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a press conference today, Nasheed said the trial is “unjust” and is against the spirit of the constitution. He pledged to use all means to stop the case.

The Supreme Court on February 12 summoned the four members of the EC to an unannounced contempt of court trial under new ‘Suo motu’ regulations that allow the apex court to initiate trial and act as plaintiff and judge.

“If Election Commission members are removed, then there cannot be a fair election. MDP will not participate in such an election,” Nasheed told the press today.

The Supreme Court has accused the EC of contempt, claiming it had criticised the verdict which annulled the first round of presidential elections held in September 2013, as well as disobeying the court’s orders by dissolving eight political parties earlier this month.

During the second hearing in the case, EC lawyer Hussein Siraj said the commission had not received a document outlining charges and asked the five presiding judges to clarify and specify charges against the commission, but Chief Justice Ahmed Faiz asked the lawyer to respond to the charges to the extent he understood them.

The four commission members denied the charges, and expressed concern over the use of privileged testimony given at the People’s Majlis independent institutions oversight committee as evidence for contempt.

The constitution protects testimony provided at the Majlis unless it contravenes an Islamic tenet. Judge Ahmed Abdulla Didi claimed establishing justice to be an Islamic tenet and said the EC’s testimony at the People’s Majlis obstructed justice.

Nasheed said the if the MDP received a parliamentary majority it will add judges to the Supreme Court bench by amending the Judicature Act. Increasing the number of judges would “dilute harsh ideologies” on the bench, he said.

“Reforming the judiciary is essential for development and to protect Maldives’ sovereignty,” Nasheed said.

If the MDP receives a two-thirds majority, the party could impeach Supreme Court judges, he noted.

The MDP will also revise legislation governing the judicial watchdog body – the Judicial Services Commission (JSC) Act – to ensure the organisation’s decisons cannot be reviewed through the courts and to limit the powers of the JSC president.

In 2012, the Civil Court issued an injunction halting disciplinary action against Criminal Court Chief Judge Abdulla Mohamed. Mohamed is a key figure in the events leading up to Nasheed’s ouster in February 2012.

Meanwhile, JSC members have alleged JSC President and Supreme Court Judge Adam Mohamed had stalled an investigation into Supreme Court Judge Ali Hameed’s sex-tape scandal.

In addition to initiating proceedings against EC members, the Supreme Court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

Fair administration of justice was essential for a just society, Nasheed has said previously, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

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MDP wants parliamentary majority to oust government, says President Yameen

President Abdulla Yameen has called on the Maldivian public to grant the ruling coalition a majority to fulfill its campaign pledges, and said the opposition Maldivian Democratic Party (MDP) is seeking a parliamentary majority in order to oust the government.

Speaking at a campaign event for Gemanafushi candidate Jameel Usman held last night, Yameen said Majlis approval is essential for development projects and said the government cannot bring development without Majlis cooperation.

Former President Mohamed Nasheed, while campaigning on behalf of the MDP this weekend, denied that his party would seek to obstruct development should it win a majority in the house.

The ruling Progressive Party of the Maldives (PPM) and its allies the Jumhooree Party (JP) and the Maldives Development Alliance (MDA) are contesting the March parliamentary elections as a group, with 50 of the 85 seats allocated to the PPM, 28 to the JP and 8 to the MDA.

The former MP for Mulaku constituency, Yameen also launched a scathing criticism of the first democratically elected parliament, claiming the Maldivian public had lost confidence in the current Majlis.

Salaries and allowances of MPs do not match their work, he said and called on the public to elect courageous and educated individuals who are willing to work against corruption.

“Maldivian citizens do not want the People’s Majlis to be a place where people who have committed huge crimes or committed offenses against the law go to get immunity,” he said.

At a separate campaign event also held last night for Laamu Atoll Isdhoo candidate Ahmed Rasheed, former President Dr Mohamed Waheed requested that the public give the coalition a majority.

The public had elected Yameen to the presidency and must now grant the coalition a majority so that the government can fulfill its pledges, he said.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

Speaking at MP ‘Red Wave’ Ahmed Saleem’s campaign launch ceremony in Malé, Vice President Dr Mohamed Jameel Ahmed said the PPM candidates would bring peace and stability to the Maldives.

“Let us not provide an opportunity for those who call to take the law in our hands, for fear and citizens to be weakened every time there is a disagreement,” he said.

The current government had allocated MVR400 million to provide recreational facilities and vocational training for youth, he said.

The government will introduce unlimited health care under the Aasandha scheme on Monday to mark the PPM’s 100 days in government, Jameel promised. Unlimited Aasandha will end begging for financial aid for chronic illnesses, he said.

In Addu City, Defense Minister Mohamed Nazim inaugurated the campaign for the Hithadhoo Uthuru constituency, and pledged to establish a 100 bed hospital in the city.

“We will build a 100 bed hospital in this island, god willing, as a pledge by this government. This hospital will not go elsewhere,” he said noting the current 50-bed hospital is not sufficient to cater to Addu City’s population.

The PPM government will also establish water and sewerage systems in Addu City by the end of the year, he promised.

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Saudi prince’s Maldives visit makes global headlines

The visit of Saudi Prince Salman bin Abdulaziz continues to make headlines today after the UK’s Daily Mail newspaper reported that the prince had booked out Anantara’s three South Malé atoll resorts for nearly one month.

Headlines in Saudi Arabia have suggested that Prince Salman – due to arrive tomorrow – will discuss potential investments and partnerships in energy, tourism, transport, and Islamic affairs, as well the provision of a soft loan facility of US$300 million for the Indian Ocean nation.

“The crown prince’s trip to the Maldives comes in response to the invitation extended by Maldivian President Abdullah Yameen Abdul Gayoom,” Maldivian ambassador to Saudia Arabia Adam Hassan told Arab News.

Anantara’s Dhigu, Naladhu, and Veli resorts – all within an hour’s boat ride from the capital Malé – were said to have been reserved for the 78 year old heir to the Saudi throne.

The Daily Mail has reported the comments of “furious” tourists who had reservations cancelled without forewarning or apology.

Staff at Anantara were unable to provide any further information when contacted by Minivan News today. Similarly, spokesman at the President’s Office was unavailable for comment.

Saudi Arabia’s foreign ministry reported last week  that that prince’s official visit to the Maldives came on the invitation of President Abdulla Yameen and would form part of an Asian tour taking in India, Pakistan, and Japan. The President’s Office confirmed the visit but declined to provide further details.

The visit comes amid growing ties between the Yameen administration and the Saudi kingdom. Vice President Dr Mohamed Jameel Ahmed visited Saudi Arabia earlier this month, meeting with the Imaam of the Grand Mosque of Makkah.

The vice president stressed the importance the government placed on enhancing ties with the Arab world and in strengthening religious unity in the Maldives. Shortly after Jameel’s return, the government initiated its pledge to introduce Arabic lessons in schools as part of a drive to increase Islamic learning in the country.

After being invited by the Maldives Islamic Minister Dr Mohamed Shaheem Ali Saeed, the Saudi Arabian Muslim Scholars Association in January agreed to provide a grant of MVR1.6 million to assist in the provision of Islamic education in the Maldives.

Jameel’s trip followed the January visit of Defence Minister Mohamed Nazim, during which time an MoU was signed regarding the increase of air traffic between the Maldives and Saudi Arabia.

Prince Salman is currently in Japan and was today awarded an honorary doctorate from Tokyo’s Waseda University.

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MDP will not obstruct government through parliament, says Nasheed

The opposition Maldivian Democratic Party (MDP) will not obstruct or hinder the government should the party win a parliamentary majority in the upcoming general elections, former President Mohamed Nasheed said last night.

Speaking at the campaign launching ceremony for the MDP’s candidate for Manchangoalhi North, MP Mariya Ahmed Didi, Nasheed said obstruction of development projects or government programmes was not the opposition party’s intention.

“Our philosophy is not obstruction. We do not wish to stop undertakings of President [Abdulla] Yameen’s government. We wish for it go ahead on the right path,” he said.

The role of an opposition party in a country with a presidential system was ensuring that campaign pledges are fulfilled, Nasheed added.

Nasheed noted that President Yameen made a number of pledges during last year’s presidential campaign, including raising old age pensions to MVR5,000 a month, providing MVR10,000 to fishermen during lean months, assuring “unlimited” health insurance, and assigning a general practitioner to each family.

“MDP’s legal responsibility today is to encourage holding the government answerable for fulfilling its pledges, if the pledge is not contrary to our philosophy and principles,” he said.

Nasheed suggested that a supplementary budget should be submitted to parliament with funds allocated for fulfilling the ruling Progressive Party of Maldives’ (PPM) campaign promises, which was not the case with the 2014 state budget approved by parliament.

As an additional MVR34 million (US$2.2 million) would be needed to raise the elderly benefits, Nasheed said the required amount could be saved from the budget by halving the salary and allowances of ministers, deputy ministers and state ministers.

He added that the MDP would seek amending the relevant laws to reduce wages of political appointees.

“We need a majority of the People’s Majlis to bring about this change through the law,” he said.

Meanwhile, campaigning in Noonu Velidhoo last night, President Yameen urged voters to choose candidates representing the governing ‘Progressive Coalition’ in order to ensure that the executive receives the necessary cooperation from the legislature.

Yameen argued that parliament was “in need of change” and needed to earn the public’s respect.

He added that it was the parliament that would “put the final stamp” on the government’s efforts to fulfil its campaign pledges.

“If the general rule that they follow is to try to stop everything that is beneficial for the people, that’s not responsible,” the president was quoted as saying by Sun Online.

Yameen also reportedly indicated that the government could submit a supplementary budget this year. The president has previously accused parliament of delaying approval of loans through the public finance committee.

“I need some cash”

In his speech, Nasheed meanwhile referred to a leaked phone conversation in July 2010 between business magnate MP Gasim Ibrahim and then-Independent MP Mohamed ‘Kutti’ Nasheed, who recently joined the PPM, in which the latter asks the business magnate for “some cash”.

In a second leaked conversation, Nasheed read out a draft outlining the then-opposition’s plans to block taxation legislation and amend the Public Finance Act to require parliamentary approval for signing agreements such as the airport privatisation deal with GMR.

The amendments were cited as the main reason for the en masse cabinet resignation in June 2010 with Nasheed announcing at the time that the new laws would make it “impossible for the government to function.”

While then-President Nasheed ratified the amendments after parliament overrode his veto, the government filed a case at the Supreme Court in December 2010 contesting the constitutionality of some provisions.

Nasheed contended last night that opposition politicians obstructed the MDP government because they feared the party would win reelection if it was allowed to implement its policies.

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High Court orders revote for Kon’dey island council

The High Court on Thursday annulled the results of the poll conducted on January 18 for the island council of Gaaf Alif Kon’dey and ordered the Elections Commission (EC) to hold a revote.

The court ruled (Dhivehi) in favour of the complainant, Ali Ibrahim, who requested annulment after an 84-year-old man from Kon’dey was found to have cast his vote in the wrong ballot box.

Moosa Easa accidentally voted in the box designated for the neighbouring Dhandhoo’s island council.

While five candidates contested for the island council, the margin between the sixth and the fifth placed candidates was a single vote.

The three judges presiding over the case – Abbas Shareef, Abdulla Hameed, and Ali Sameer – ruled that the 84-year-old citizen was deprived of his constitutional right to vote and that his vote could have affected the outcome of the election.

The EC had originally scheduled a second round of voting in Kon’dey for February 15 between the two fifth-placed candidates who were tied with 88 votes each. The candidate in sixth place had received 87 votes.

The run-off election was however postponed pending a decision by the High Court.

The EC’s legal counsel, Haneefa Khalid, argued at the last hearing of the case that the 84-year-old was duly informed that he had voted in the wrong box.

However, the EC lawyer said, Moosa Easa did not return to vote in his constituency. She added that he had not submitted a complaint either.

Asked by a judge whether Easa’s vote could have affected the outcome, Khalid said there was no guarantee that he would have voted for the sixth placed candidate.

She revealed that the EC has decided to take action against the officials responsible for the mishap in Kon’dey. An investigation into the incident was ongoing to determine how Easa was given the wrong ballot paper, she added.

Khalid also noted that one vote would not have affected the outcome of the election for the Dhaandhoo island council as the margin between candidates was higher.

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Reduced petrol imports discussed as Indian minister concludes visit

Indian Foreign Minister Salman Khurshid has informed the Maldivian Government of its intention to continue supplying essential goods, with plans to supply petroleum products “on favourable terms”.

A joint statement released at the conclusion of Khurshid’s visit revealed an agreement had been reached  “in principle” with Mangalore Refinery & Petrochemicals Ltd to export diesel, petrol, and aviation fuels to the Maldives.

Mangalore Petroleum is a subsidiary of the India’s state-owned Oil and Natural Gas Corporation.

“[The] Indian side informed the Maldivian side of its agreement to continue supplying essential goods to Maldives,” read the statement detailing bilateral talks held this week.

Local media has also reported that Khurshid pledged US$10 million for the renovation of Indira Ghandi Memorial Hospital (IGMH).

As well as holding talks with the government, the minister of external affairs’ visit included his participation in the the 35th Inter-Summit Session of the SAARC Council of Ministers.

Bilateral talks were held on Thursday (Febraury 20) between Khurshid and the Maldives Foreign Minister Dunya Maumoon.

“The two sides reiterated their commitment to work together to promote democracy, development and mutual respect of each other’s sovereignty and peaceful co-existence and to contribute to peace, prosperity and security in the Indian Ocean region and South Asia.”

After expressing its satisfaction with the success of President Abdulla Yameen’s state visit to India last month, the Maldivian side also thanked India for its resumption of stone aggregate exports and the easing of visa restrictions for travel to India.

Bilateral ties appeared to have reached a nadir in late 2012 following the premature termination of a US$500 million deal to redevelop Malé’s international airport with Indian infrastructure company GMR.

The government’s decision to void the development contract was soon followed by increased visa restrictions and ending of favourable terms for the import of certain construction materials from India.

In early 2013, the Indian High Commission distributed a list of consular issues of concern to local media mainly concerning the mistreatment of Indian expatriate workers.

The list’s release was followed by the Indian High Commission issuing a statement in early February slamming local media in the Maldives for “misrepresentation and twisting of issues”.

“The two sides recalled their commitment to address all issues related to welfare of each other nationals, including speedy provision of consular services, on a priority basis,” read Thursday’s statement on the bilateral dicsussions.

Following President Yameen’s visit to India – his first official abroad since gaining office – senior government figures described Indo-Maldivian ties as being “as strong as they were during Gayoom’s time in power”.

Khurshid’s trip this week also included the gifting of naval landing craft and the laying of a foundation stone for a new Ministry of Defence building.

The visit also saw the official handing over of the new India-Maldives Friendship Faculty of Hospitality and Tourism Studies which India has constructed at a cost of US$11million.

The facility, will provide state-of-the-art infrastructure and equipment for training Maldivians in tourism and hospitality sector. The project also envisages India’s continued engagement through deputation of experts, and exchange of faculty from reputed hotel management institutes of India.

Heveeru reported that Khurshid had pledged funds to renovate Indian-built IGMH during the the tourism faculty’s opening ceremony.

“Indira Gandhi Hospital built in the Maldives by India in 1996 is the most significant symbol of the two countries relationship. It is an important step taken in the development of the Maldivian health sector. India is ready to further improve this national asset,” he said.

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